Cl receiving HB, CTC, WTC and CTR - new claim for new style JSA

I have seen a client claiming the above legacy benefits who has been told by HB that if she claims “JSA”, she will be migrated onto UC.

I have told her this is not correct (explaining that a new claim for an income related benefit would mean a claim for UC, but that this doesn’t apply to contribution based benefits)  but she wants something to show HB in case this comes up again.

I can’t find any references that categorically state that a claim for new-style JSA does not trigger a claim for UC.  Lots stating what does trigger a claim but not the opposite..

Has anyone seen something that states this?

Thanks!

Unfortunately, it is always hard to prove a negative, but I suppose you could show them Reg 8(1)-(2A) here, which is the only provision terminating HB due to UC (disregarding mixed-age couples).

There is still this widespread misconception that certain events somehow “trigger” migration to UC: as if it were compulsory. Anyone may (if they wish) claim UC, and sometimes not claiming UC would be silly, but the claimant gets to decide. As Charles says, HB to which the claimant is otherwise entitled under normal HB rules will terminate if, and only if, the claimant makes that choice and claims UC.

In this case they haven’t,  so no reason to stop HB.

HB Anorak - 26 September 2019 06:18 PM

There is still this widespread misconception that certain events somehow “trigger” migration to UC: as if it were compulsory. Anyone may (if they wish) claim UC, and sometimes not claiming UC would be silly, but the claimant gets to decide. As Charles says, HB to which the claimant is otherwise entitled under normal HB rules will terminate if, and only if, the claimant makes that choice and claims UC.

I was about to make the same point, however I would add that, in effect, JCP staff will often tell a potential claimant something along the lines of “claim UC, or we won’t pay you any money at all”. Unsurprisingly, many people take this as a directive.

The online portal to claim new-style jsa/esa remains open, and I’d direct people to that prior to any engagement with JCP.
As Peter says, there’s no legislation or automation that would make this trigger a UC claim, even if the claimant isn’t entitled to new-style (although strictly speaking I wouldn’t be surprised if JCP (incorrectly/unnecessarily) instructs to claim UC for housing element when s/he attends JSA/ESA interview).

Thanks everyone, sorry I probably should have rephrased this as - a claim for new-style Job Seeker’s Allowance will not stop her existing benefit claims (although the amount she claims will of course be taken into account as income).

I imagine that the answer is still the same regardless ie it’s difficult to prove a negative….

The existing benefit awards will only stop if she either claims UC or something happens which ends her entitlement under the ordinary rules for those benefits (having too much income etc).

Claiming JSA ≠ claiming UC.